Exhibit 10(i)
OTR EXPRESS, INC.
CARRIER/SHIPPER TRANSPORTATION CONTRACT
(Revised 8-20-99)
THIS CONTRACT, made this day of by and between (Shipper) and OTR
Express, Inc. (Carrier) for the transportation of specified goods in
accordance with the following conditions:
WITNESSETH:
WHEREAS, Carrier is a motor vehicle contract carrier in interstate
commerce, holding Interstate Commerce Commission operating authority in
Docket MC-181996; and
WHEREAS, Shipper desires to engage the services of Carrier for the
transportation of Shipper's goods in interstate commerce between points
within Carrier's ICC authorized licenses;
NOW, THEREFORE, in consideration of the following mutual covenants,
the Shipper and Carrier agree as follows:
1. BILATERAL COMMITMENT: Shipper shall tender to Carrier and Carrier
shall transport a series of shipments between points designated by
Shipper. Carrier shall advise Shipper if it is unable to supply
transportation service within the time requested by Shipper in which
case Shipper may arrange other transportation. Carrier shall use its
best efforts to transport shipments tendered by Shipper in a timely
fashion.
2. DISTINCT NEEDS: Carrier shall provide service to meet the unique,
distinct needs of the Shipper which shall include but not be limited to
team service, driver loading/unloading, overnight delivery, stops in
transit, drop trailers, detention, weekend/holiday shipments and
dedication of equipment.
3. COMMON CARRIER RATES: Rates offered by Carrier under its common
authority in individual or bureau tariffs do not apply to shipments
tendered to Carrier by Shipper under this agreement.
4. RATES AND CHARGES: Shipper shall pay Carrier for the
transportation services described herein at the rates and subject to
the rules set forth in Appendix A or agreements/modifications later
written between the parties which shall be deemed as additional
appendices to this contract.
5. INDEMNIFICATION: Carrier shall furnish tractors and trailers to
transport the goods tendered hereunder and to assume all costs and
liabilities incident to the transportation of such goods and shall
indemnify and hold the Shipper harmless from any costs and liabilities
except those caused solely by acts of the Shipper, its employees or
agents.
6. C.O.D. SHIPMENTS: In the absence of advance notification by
Shipper and written acceptance by Carrier, no C.O.D. shipments will be
tendered by Shipper.
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7. INSURANCE: Carrier shall maintain public liability insurance
with a single limit of not less than $1,000,000. Carrier shall maintain
cargo insurance against Carrier's liabilities for loss or damage to
goods shipped pursuant to this Contract with a limit of $500,000 per
truckload which shall be carrier's maximum liability. For those
shipments valued in excess of $500,000 Carrier shall not be liable to
pay for a greater proportion of liability for loss or damage than
$500,000 bears to 100% of the value of the goods. Carrier's insurance
shall be primary insurance irrespective of any other insurance carried
by Shipper in effect at the time of loss.
8. CLAIMS: All loss and damage claims and any salvage arising
therefrom shall be handled and processed in accordance with the
regulations of ICC as published in the Code of Federal Regulations (49
C.F.R. 1005).
9. COLLECTION FEE: If Shipper's account should necessitate outside
collection action, Carrier reserves the right to add collection costs,
finance charges, court costs and/or legal fees to the invoice amounts.
10. DURATION: This Contract shall continue for a period of (1) year
and shall be renewed automatically for the duration of an additional
year but either party shall have the right to cancel this Contract upon
30 days prior notice to the other party.
11. PAYMENT TERMS: Net/30 Days from date of invoice.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
in duplicate the date above first written.
OTR Express, Inc
(Carrier) (Shipper)
By By
Title Vice President of Title
Operations
Page 2 OTR Express, Inc.
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APPENDIX C TO "CARRIER/SHIPPER TRANSPORTATION CONTRACT" or if OTR
Express is operating as a common carrier because no contract exists
between Shipper and OTR Express, the following shall be the applicable
rates, rules & charges.
Customer: Effective Date:
SCHEDULE OF RATES: (Refer to Appendix A)
RULES AND ACCESSORY CHARGES:
Mileage Calculations: Obtained from ▇▇▇▇-▇▇▇▇▇▇▇ - TDM MileMaker PC
version of HHG Carrier's Bureau Mileage Guide #17 and subsequent
versions thereof. Quoted mileage's may change without notice upon
adoption of subsequent versions.
Driver Loading/Unloading Charges: $85 minimum or all lumper charges.
$25 if driver uses a pallet ▇▇▇▇ only.
Stop Off Charges: The charge for each pick-up and drop-off to
partially load and unload, exclusive of stops at point of origin and
destination is $65 for the first, $75 for the second, and $90 for the
third and each stop thereafter.
Minimum Charge: $585 per shipment, exclusive of accessory charges.
$300 min charge for shipments that final within a 75 mile radius of
KC,Mo; LA,Ca & SF,Ca or for shipments that originate in the state of
Florida.
Excess Value: Carrier's maximum cargo liability per shipment is
$500,000. For those shipments valued in excess of $500,000, Carrier is
not liable to pay for a greater proportion of liability for loss or
damage than $500,000 bears to 100% of the value of the goods.
Truck Ordered But Not Used: $150 minimum/$400 maximum if within 6
hours of loading appointment. $1.25 per mile on all miles driven to
position for load.
Detention: With Power: No charge for the first 2 (two)
hrs, $50/hr thereafter.
Without Power: $75 per day, per trailer.
Fuel Surcharge: Refer to Appendix D
Pallet Exchange: $8 per pallet
Team Service Required: $125.00 minimum. Additional $.05 mile for
all miles over 1250 miles.
Reconsignment: Carrier is not obligated to divert/reconsign a
shipment after commencing pick-up but will do so on a best effort basis
subject to a $100 reconsignment fee. Additional miles shall be paid at
the same per mile rate provided the final destination city does not
change. If it does change, the rate per mile may change based on
Carrier's prevailing rates.
C.O.D. Shipment: $75. Advance customer notification & written
carrier acceptance required.
Hazardous Material Loads: $.05 per mile for any shipment containing
product deemed by the EPA/DOT to be hazardous and requiring hazardous
material placards affixed to the truck.
Canadian Pick-ups & Deliveries: $.70 per mile for all miles in
excess of a 125 mile radius of Vancouver,BC; Detroit and ▇▇▇▇▇▇▇, ▇▇.
Transportation In-Bond: $100, plus $65, $75 or $90 applicable stop
off charge plus any additional miles at applicable rate if Carrier is
required to stop at a custom's office en-route.
New York City Deliveries: $200 for loads finaling in NYC, including
Long Island and the five boroughs.
Note: All Accessorial charges listed are applicable unless otherwise
specified in customer contract or appendix to this tariff.
OTR EXPRESS, INC.
Signature Signature
Manager of Operations
Title Date Title Date